7VMERICAM     BOOK 
COMPAMY 


WEW  YORK 

C1KCJRKATI 
CHICAGO 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


Class 


PUBLIC   LAND   SURVEYS 


OF   THE   UNITED   STATES 


BASED  UPON  PUBLIC  STATUTES  AND  DOCUMENTS 

AND    ON    THE    REPORT    SUBMITTED     TO 

CONGRESS    IN    THE    YEAR     1784 

BY  THOMAS  JEFFERSON 


NEW  YORK  •:•  CINCINNATI  •:•  CHICAGO 
AMERICAN    BOOK    COMPANY 


COPTBIQHT,   1894,  BY 

AMERICAN  BOOK  COMPANY 
w.  P.  7 


PKEFACE, 


This  book  is  not  designed  to  teach  surveying,  nor  the 
more  intricate  parts  of  the  United  States  System  of  Land 
Surveys. 

It  has  been  thought  that  there  was  a  demand  in  various 
parts  of  the  country  for  such  a  teaching  of  the  Government 
Land  Surveys  as  would  enable  all  children  to  understand 
the  base  of  the  system,  and  its  divisions  and  subdivisions, 
so  far  as  these  were  important  and  necessary  in  the  ordi- 
nary vocations  of  life.  Some  states  require  this  much  to 
be  taught  in  the  public  schools,  and  the  importance  of  this 
knowledge  is  everywhere  conceded. 

It  has  been  deemed  prudent  to  confine  the  scope  of  this 
small  book  to  the  simpler  parts  of  the  system. 

Enough  is  written  to  enable  any  ordinary  pupil  to  grasp 
the  fundamental  ideas,  to  understand  the  method,  and  to 
know  the  practical  results.  The  township  and  section,  with 
their  divisions,  subdivisions,  and  methods  of  description, 


4  PREFACE. 

are  emphasized  throughout  the  work.  It  is  believed  that 
nothing  of  real  importance  has  been  omitted,  and  that  all 
that  is  written  may  be  grasped  by  all  pupils  between  the 
ages  of  twelve  and  fourteen  years. 

Every  boy  should  know  how  to  read  the  descriptions  in 
a  deed  and  to  locate  the  property  called  for  by  the  instru- 
ment. Care  has  been  taken  to  make  all  legal  instruments 
conveying  an  interest  in  property  as  simple  as  possible, 
and  to  lead  every  pupil  to  a  knowledge  of  their  value  and 
arrangement. 

The  publishers  desire  to  acknowledge  their  indebtedness 
to  numerous  teachers  and  others  for  suggestions  and  assist- 
ance in  the  preparation  of  this  book. 

With  a  sincere  hope  that  the  book  may  help  the  youth  of 
our  country  to  a  greater  love  of  our  institutions,  and  to  a 
better  knowledge  of  our  system  of  land  surveys,  the  book 

is  respectfully  submitted. 

A.  B.  C. 

NEW  YORK,  January  20,  1894. 


CONTENTS. 

PAGE 

CHAPTER  I.,      .* 7 

National  Domain, 7 

Government  Surveys, 7 

General  Land  Office, 8 

Origin  of  the  System, 8 

Congressional  Township,  .........          ...  9 

Meridians  and  Base  Lines, 11 

CHAPTER  II., 13 

Principal  Bases  and  Meridians, 13 

CHAPTER  III., 21 

How  to  Number  and  Read  the  Townships, 21 

CHAPTER  IV., 24 

Standard  Lines  and  Guide  Meridians, 24 

CHAPTER  V., .  .  28 

The  Section  and  its  Divisions, 28 

CHAPTER  VI., 31 

Area  of  the  Section  and  its  Subdivisions, 31 

Legal  Quantity  of  Land  in  a  Section  and  its  Subdivisions,    .     .  32 

How  Section  Lines  are  Run, 33 

CHAPTER  VII., 38 

Other  Subdivisions  of  the  Section,  ... 38 


6  CONTENTS. 

PAGE 

CHAPTER  VIII., 41 

Ownership  of  Lands, 41 

General  and  District  Land  Offices, .42 

Registers  and  Receivers, 42 

How  to  Secure  Title, 43 

Homesteads, 43 

Mineral  Lands, 44 

Land  Warrants, 44 

Agricultural  College  Script, 44 

Preemption, 44 

Timber  Culture  Law, 45 

CHAPTER  IX., 46 

State  Taxation 46 

Assessments, 46 

Correct  Descriptions  for  Assessments, 48 

Tax  Receipts, 51 

CHAPTER  X., 52 

Deeds, 52 

General  Warranty  Deed  with  Relinquishment  of  Dower,   ...  56 

Acknowledgment  of  Deed, 57 

Certificate  of  Record, 57 

Description  of  a  Town  or  City  Lot, 59 

Mortgages, 59 

Abstract  of  Title, 60 

Bond  for  a  Deed, 61 

Table  of  Area  of  Public  Lands  Surveyed, 62 


JEFFERSON'S  SYSTEM  OF 

PUBLIC   LAND   SURVEYS. 


CHAPTEE  L 

1.  The  National  Domain. — This  is  the  total  area,  land  and 
water,  within  the  present  boundaries  of  the  United  States, 
and  amounts  to  about  4,000,000   square  miles ;   the  land 
surface  is  estimated  at  about  3,586,000  square  miles,  or 
2,295,040,000  acres  ;  the   water  area  being   about  414,000 
square   miles,   or  264,960,000   acres.     This    area  includes 
Alaska  and  its  islands.     Eoughly   speaking,  the  national 
domain,  without  Alaska,  extends  through  fifty-eight  degrees 
of  longitude,  from  ocean  to  ocean,  and  through  twenty-four 
degrees  of  latitude,  from  the  great  Northern  Lakes  to  the 
Gulf  of  Mexico. 

2.  Government  Surveys. — This  immense  territorial  area  has 
been  organized  by  Congress  from  time  to  time  into  States 


8  PUBLIC   LAND   SURVEYS. 

and  Territories,  and  has  been  surveyed.  The  public  lands, 
that  is,  such  as  have  not  been  granted  by  the  Government  to 
individuals  or  corporations,  are  under  the  control  of  Con- 
gress. Their  management  belongs  to  the  Department  of 
the  Interior.  This  Department  consists  of  (1)  The  Depart- 
ment of  the  Interior  proper,  (2)  The  General  Land  Office,  (3) 
The  Pension  Office,  (4)  The  Patent  Office,  (5)  The  Bureau  of 
Education,  (6)  The  Office  of  the  Commissioner  of  Railroads, 
(7)  The  Office  of  the  Geological  Survey,  (8)  The  Census  Of- 
fice, (9)  The  Office  of  Indian  Affairs.  All  surveys  are  made 
under  the  immediate  direction  of  the  General  Land  Office. 

3.  General  Land  Office. — This  office  is  under  the  control 
of  the  Commissioner  of  the  General  Land  Office  and  his 
assistants,  called  clerks,  recorders,  copyists,  transcribers  of 
records  and  plats,  examiners,  draughtsmen,  inspectors,  sur- 
veyors-general, special  agents  for  timber  and  swamp  lands, 
custodians  of  abandoned  military  reservations,  trustees,  reg- 
isters,  and    receivers.     Every  district  to   be   surveyed  is 
placed  under  the  control  of  a  Surveyor-general,  who  reports 
to  the  Commissioner  of  the  General  Land  Office. 

4.  Origin  of  the  System. — The  lands  of  the  United  States 
are  surveyed  under  what  is  called  "  the  rectangular  system  ". 
This  system  was  reported  to  Congress  on  May  7,  1784,  by 
a  committee,  of  which  Thomas   Jefferson   was   chairman. 


ORIGIN   OF  THE   SYSTEM. 


This  report  required  all  public  lands  to  be  divided  into 
squares  or  "hundreds  ".  Each  of  these  was  to  be  ten  miles 
square  and  should  contain  one  hundred  square  miles.  This 
report  was  discussed,  and  on  May  3,  1785,  amended  so  that 
the  size  of  the  township  should  be  six  miles  square  instead 
of  ten.  The  system  therefore  may  rightfully  be  called 
Jefferson's  System  of  Public  Land  Surveys. 

A  Congressional  township  is  a  division  of  the  public  lands 
six  miles  square,  and  contains  thirty-six  sections  or  square 
miles,  as  will  be  seen  by  examining  the  following  figure : 


6  Miles 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22  . 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

FIG.  1. 


The  numbering  of  these  sections  is  also  shown  in  the  fig- 
ure. We  invariably  begin  at  the  northeast  corner  of  the 
township  and  count  from  east  to  west  and  from  west  to  east 


10 


PUBLIC   LAND   SUKVEYS0 


alternately.  All  the  lands  of  the  United  States  which  have 
been  surveyed  under  the  authority  of  the  General  Land 
Office  since  1785  have  been  divided  into  townships  and 
sections  and  numbered  as  in  Figure  1,  except  the  "  United 
States  Military  Tract,"  "  The  Seven  Banges,"  "  The  Ohio 
Company's  Purchase,"  "  Symmes's  Purchase/'  and  "  The 
Miami  Valley  Tract,"  all  located  in  Ohio.  These  tracts  are 
divided  as  in  Figure  1,  but  numbered  as  in  Figure  2,  begin- 
ning at  the  southeast  corner  of  the  township  and  counting 
regularly  from  south  to  north. 

6  Miles 


36 

30 

24 

18 

12 

6 

35 

29 

23 

17 

11 

5 

34 

28 

22 

16 

10 

4 

33 

27 

21 

15 

9 

3 

32 

26 

20 

14 

8 

2 

31 

25 

19 

13 

7 

1 

FIG.  2. 


The  system  of  counting  as  adopted  at  present  in  the  pub- 
lic land  system  (that  shown  in  Figure  1)  is  simple,  and 
should  be  well  fixed  in  the  mind. 


MERIDIANS   AND   BASE  LINES.  11 

a.  Every  whole  township  has  thirty-six  sections. 

b.  To  number  them,  begin  at  the  northeast  corner  section 
and  number  it  1. 

c.  Proceed  west  to  number  6  at  the  northwest  corner. 

d.  Dropping  south  one   section,  proceed  east  and   west 
alternately  to   number  36  in  the  southeast  corner   of  the 
township. 

e.  In  fractional  townships,  the  sections  must  take  the 
same  numbers  that  they  would  bear  were  the  township  full. 

5.  Meridians  and  Base  Lines, — We  have  seen  that  the  basis 
of  the  public  land  survey  is  the  congressional  township,  six 
miles  square,  containing  thirty-six  sections  or  square  miles. 
The  political  township  must  not  be  confounded  with  the 
congressional  township.  The  former  is  created  by  the  State 
Government  for  the  convenience  of  its  citizens  ;  the  latter 
is  a  fixed  part  of  the  United  States  Land  Surveys.  It  is 
necessary  now  to  ascertain  how  the  townships  are  surveyed 
and  numbered.  The  following  methods  and  plans  should 
be  learned  and  remembered  : 

a.  The  public  lands  are  surveyed  into  rectangular  tracts, 
bounded  by  lines  running  north  and  south,  and  east  and 
west. 

b.  The  lands  are  first  laid  off  into  tracts  twenty-four  miles 
square,  each  supposed  to  contain  sixteen  townships. 


12  PUBLIC   LAND   SURVEYS. 

c.  This  is  done  by  extending  lines,  called  standard  lines, 
from  the  principal  meridian  every  twenty-four  miles,  and 
by  the  extension  from  the  base  and  standard  lines  of  aux- 
iliary meridians  every  twenty-four  miles. 

d.  After  this,  these  bodies  of  land  are  surveyed  into  town- 
ships of  six  miles  square,  containing  23,040  acres  each  as 
near  as  may  be. 

e.  Each  township  is  then  divided  into  36  sections,  each 
containing  640  acres  as  near  as  may  be. 

f.  A  range  of  townships  is  a  number  of  contiguous  town- 
ships situated  north  and  south  of  each  other. 

It  will  be  seen  that  a  beginning  point  is  absolutely  neces- 
sary. This  point  is  always  the  intersection  of  the  princi- 
pal base  with  the  surveying  meridian.  Since  1785,  thirty 
initial  points  have  been  used  by  the  Government.  It  is  now 
necessary  to  know  the  location  of  these  principal  bases  and 
meridians. 


CHAPTER  H. 

6.  The  Principal  Bases  and  Meridians. — The  following  are 
the  lines  which  have  been  set  up  by  the  Government  to  se- 
cure certainty  and  brevity  of  description  in  the  transfer  of 
land. 

a.  The  first  principal  meridian  divides  the  states  of  Ohio 
and  Indiana,  and  has  for  its  base  the  Ohio  River.    This  me- 
ridian governs  all  surveys  of  public  lands  in  Ohio.     The 
initial  point  for  numbering  townships  and  ranges  in  Ohio 
would  begin  at  the  intersection  of  this  meridian  with  the 
base. 

b.  The  second  principal  meridian  coincides  with  86°  28'  of 
longitude  west  from  Greenwich,  starts  from  the  confluence 
of  the  Little  Blue  River  with  the  Ohio,  runs  north  to  the 
northern  boundary  of  Indiana,  and  governs  the  surveys  in 
Indiana  and  a  portion  of  those  in  Illinois. 

c.  The  third  principal  meridian  starts  from  the  mouth  of 
the  Ohio  River  and  extends  to  the  northern  boundary  of 
the  state  of  Illinois,  and  governs  the  surveys  in  said  state 
east  of  the  meridian,  with  the  exception  of  those  projected 


14  PUBLIC   LAND   SURVEYS. 

from  the  second  meridian,  and  the  surveys  on  the  west  to 
the  Illinois  Eiver.  This  meridian  coincides  with  89°  10'  30" 
of  longitude  west. 

d.  The  fourth  principal  meridian  begins  in  the  middle  of 
the  channel  of  the  mouth  of  the  Illinois  Eiver,  in  latitude 
38°   58'  12"  north  and  longitude  90°  29'  56"   west  from 
Greenwich,  and  governs  the  surveys  in  Illinois  west  of  the 
third  principal  meridian  lying  north  of  the  river.    It  ex- 
tends due  north  through  Wisconsin  and  northeastern  Min- 
nesota, governing  all  the  surveys  in  the  former  and  those 
in  the  latter  lying  east  of  the  Mississippi  Eiver  and  east  of 
the  third  guide  meridian  north  of  the  Mississippi  Eiver. 

e.  The  fifth  principal  meridian  starts  from  the  mouth  of 
the  Arkansas  Eiver,  and  with  a  common  base  line  running 
due  west  from  the  mouth  of  the  St.  Francis  Eiver,  in  Ar- 
kansas, governs  the  surveys  in  Arkansas,  Missouri,  Iowa, 
Minnesota  west   of  the  Mississippi  and  west  of  the  third 
guide  meridian  north  of  the  Mississippi  Eiver,  and  in  the 
Dakotas  east  of  the  Missouri  Eiver.     The  meridian  is  coin- 
cident with  90°  58'  longitude  west  from  Greenwich.* 

*  This  is  the  usual  statement,  and  it  is  based  upon  the  "  Public  Do- 
main ",  a  book  issued  by  authority  of  the  Government.  It  is  incorrect, 
however,  and  the  true  course  is  as  follows : 

Starting  from  the  mouth  of  the  Arkansas  River  at  about  91°  4' 
longitude  west  from  Greenwich,  which  point  is  found  by  actual 


THE   PRINCIPAL  BASES   AND   MERIDIANS.  15 

/.  The  sixth  principal  meridian  coincides  with  longitude 
97°  22'  west  from  Greenwich,  and  with  the  principal  base- 
line intersecting  it  on  the  40th  degree  of  north  latitude, 
extends  north  to  the  intersection  of  the  Missouri  Eiver  and 
south  to  the  37th  degree  of  north  latitude,  controlling  the 
surveys  in  Kansas,  Nebraska,  that  part  of  the  Dakotas  lying 
south  and  wjest  of  the  Missouri  Eiver,  Wyoming,  and  Colo- 
rado, excepting  the  valley  of  the  Eio  Grande  del  Norte  in 
southwestern  Colorado,  where  surveys  are  projected  from 
the  New  Mexico  meridian.  In  addition  to  the  foregoing  six 
principal  meridians  and  bases  there  have  been  established 
the  following  meridians  and  bases  : 

g.  The  Michigan  meridian,  in  longitude  84°  19 '  09 "  west 
from  Greenwich,  with  a  base  line  on  a  parallel  seven  miles 
north  of  Detroit,  governing  the  surveys  in  Michigan. 

The  Tallahassee  meridian,  in  longitude  84°  18'  west  from 

measurement  from  the  west  boundary  of  the  state,  it  runs  in  a  north- 
easterly direction  and  crosses  the  north  boundary  of  the  state  at  a 
point  199  miles  and  42  chains  east  of  the  southwest  corner  of  Mis- 
souri, or  at  about  91°  2'  west  longitude,  whence  it  continues  in  a 
northeasterly  direction,  crossing  the  91°  west  longitude  at  about  38° 
10'  north  latitude,  and  terminates  at  the  Mississippi  River  at  about 
90°  58'  40".  This  is  the  way  in  which  the  fifth  principal  meridian  is 
represented  on  Government  maps,  and  it  is  not  coincident  with  a  true 
meridian.  The  same  difference  between  the  theoretic  meridian  and 
the  one  actually  surveyed  will  doubtless  characterize  many  others. 


16  PUBLIC    LAND   SURVEYS. 

Greenwich,  runs  due  north  and  south  from  the  point  of  in- 
tersection with  the  base  line  at  Tallahassee,  and  governs  the 
surveys  of  Florida. 

The  Saint  Stephen's  meridian,  longitude  88°  02 '  west  from 
Greenwich,  starts  from  Mobile,  passes  through  Saint  Ste- 
phen's, intersects  the  base  line  on  the  31st  degree  of  north 
latitude,  and  controls  the  surveys  of  the  southern  district  in 
Alabama  and  of  the  Pearl  River  district  lying  east  of  the 
river  and  south  of  township  10  north  in  the  state  of  Missis- 
sippi. 

The  Huntsville  meridian,  longitude  86°  31'  west  from 
Greenwich,  extends  from  the  northern  boundary  of  Ala- 
bama as  a  base,  passes  through  the  town  of  Huntsville, 
and  governs  the  surveys  of  the  northern  district  in  Ala- 
bama. 

The  Choctaw  meridian,  longitude  89°  10'  30"  west  from 
Greenwich,  passes  two  miles  west  of  the  town  of  Jackson, 
in  Mississippi,  starting  from  the  base  line  twenty-nine 
miles  south  of  Jackson,  and  terminating  on  the  south  bound- 
ary of  the  Chickasaw  cession,  controlling  the  surveys  east 
and  west  of  the  meridian,  and  north  of  the  base. 

The  Washington  meridian,  longitude  91°  05'  west  of 
Greenwich,  seven  miles  east  of  the  town  of  Washington,  in 
Mississippi,  with  the  base  line  corresponding  with  the  31st 


THE   PRINCIPAL    BASES    AND    MERIDIANS.  17 

degree  of  north  latitude,  governs  the  surveys  in  the  south- 
western angle  of  the  state. 

The  Saint  Helena  meridian,  91°  05'  west  from  Greenwich, 
extends  from  the  31st  degree  of  north  latitude,  as  a  base, 
due  south,  and  passing  one  mile  east  of  Baton  Kouge,  con- 
trols the  surveys  in  the  Greensborough  and  the  southeastern 
district  of  Louisiana,  both  lying  east  of  the  Mississippi. 

The  Louisiana  meridian,  92°  20'  west  from  Greenwich, 
intersects  the  31st  degree  north  latitude  at  a  distance  of 
forty-eight  miles  west  of  the  eastern  bank  of  the  Mississippi 
River,  and  with  the  base  line  coincident  with  the  said  par- 
allel of  north  latitude,  governs  the  surveys  in  Louisiana 
west  of  the  Mississippi. 

The  New  Mexico  meridian,  longitude  106°  52'  09"  west 
from  Greenwich,  intersects  the  principal  base  line  on  the 
Rio  Grande  del  Norte  about  ten  miles  below  the  mouth  of 
the  Puerco  River,  on  the  parallel  of  34°  19'  north  latitude, 
and  governs  the  surveys  in  New  Mexico  and  the  valley  of 
the  Rio  Grande  del  Norte  in  Colorado. 

The  Great  Salt  Lake  meridian,  longitude  111°  53'  47" 
west  from  Greenwich,  intersects  the  base  line  at  the  corner 
of  Temple  Block  in  Salt  Lake  City,  Utah,  on  the  parallel  of 
40°  46'  04"  north  latitude,  and  governs  the  surveys  in  Utah. 

The  Boise  meridian,  longitude  116°  20'  west  from  Green- 
p.  L.  s.— 2 


18  PUBLIC   LAND   SURVEYS. 

wich,  intersects  the  principal  base  between  the  Snake  and 
Boise  Eivers,  in  latitude  43°  26'  north.  The  initial  monu- 
ment, at  the  intersection  of  the  base  and  meridian,  is  nine- 
teen miles  distant  from  Boise  City,  on  a  course  south  29° 
30'  west.  This  meridian  governs  the  surveys  in  Idaho. 

The  San  Bernardino  meridian,  California,  longitude  116° 
56'  west  from  Greenwich,  intersects  the  base  line  at  Mount 
San  Bernardino,  latitude  34°  06'  north,  and  governs  the 
surveys  in  southern  California  lying  east  of  the  meridian, 
and  that  part  of  the  surveys  situated  west  of  it  which  are 
south  of  the  eighth  standard  parallel  south  of  the  Mount 
Diablo  base  line. 

The  Mount  Diablo  meridian,  California,  coincides  with 
longitude  121°  54'  west  from  Greenwich,  intersects  the  base 
line  on  the  summit  of  the  mountain  from  which  it  takes  its 
name,  in  latitude  37°  53'  north,  and  governs  the  surveys  of 
all  central  and  northeastern  California  and  the  entire  state 
of  Nevada. 

The  Humboldt  meridian,  longitude  124°  11'  west  from 
Greenwich,  intersects  the  principal  base  line  on  the  summit 
of  Mount  Pierce,  in  latitude  40°  25'  30"  north,  and  controls 
the  surveys  in  the  northwestern  corner  of  California  lying 
west  of  the  coast  range  of  mountains  and  north  of  township 
5,  south  of  the  Humboldt  base. 


THE   PRINCIPAL   BASES   AND   MERIDIANS.  19 

The  Willamette  meridian  is  coincident  with  longitude 
122°  44'  west  from  Greenwich,  its  intersection  with  the  base 
line  is  on  the  parallel  of  45°  30'  north  latitude,  and  it  con- 
trols the  public  surveys  in  Oregon  and  Washington. 

The  Montana  meridian  extends  north  and  south  from  the 
initial  monument,  established  on  the  summit  of  a  limestone 
hill  eight  hundred  feet  high,  longitude  111°  40'  54"  west 
from  Greenwich.  The  base  line  runs  east  and  west  from 
the  monument  on  the  parallel  of  45°  46'  27"  north  latitude. 
The  surveys  for  Montana  are  governed  by  this  meridian. 

The  Grila  and  Salt  River  meridian  intersects  the  base  line 
on  the  south  side  of  the  Gila  Eiver,  opposite  the  mouth  of 
Salt  Eiver,  in  longitude  112°  15'  46"  west  from  Greenwich, 
and  latitude  32°  22'  57"  north,  and  governs  the  public  sur- 
veys in  Arizona. 

The  Indian  meridian  intersects  the  base  line  at  Fort  Ar- 
buckle,  Indian  Territory,  in  longitude  97°  15'  56"  west  from 
Greenwich,  latitude  34°  31/  north,  and  governs  the  surveys 
in  that  territory. 

The  Wind  River  meridian  governs  the  subdivisional  sur- 
veys within  the  Shoshone  Indian  Eeservation  in  Wyoming. 

The  Uinta  special  base  and  meridian  govern  the  surveys 
of  the  Uinta  Indian  Eeservation  in  Utah. 

The  Navajo  special  base  and  meridian  control  the  surveys 


20  PUBLIC   LAND   SURVEYS. 

of  the  Navajo  Indian  Reservation  in  New  Mexico  and 
Arizona. 

The  Black  Hills  meridian  is  coincident  with  the  western 
boundary  of  South  Dakota,  on  the  27th  degree  of  longi- 
tude west  from  Washington,  and  intersects  the  base  line  in 
the  parallel  of  44°  north  latitude ;  it  governs  the  surveys  in 
the  southwestern  corner  of  South  Dakota. 

The  Grand  River  meridian  and  base  line  govern  the  sub- 
divisional  surveys  for  allotment  to  the  Ute  Indians,  in 
western  Colorado. 

The  Cimarron  meridian^  coincident  with  the  eastern 
boundary  of  New  Mexico,  or  103°  meridian  of  longitude 
west  from  Greenwich,  intersects  the  base  line  on  the  paral- 
lel 36°  30'  north  latitude  (the  north  boundary  of  Texas), 
and  governs  the  surveys  in  the  narrow  strip  of  Oklahoma 
lying  between  Kansas  and  Colorado  on  the  north,  Texas 
on  the  south,  and  New  Mexico  on  the  west. 


CHAPTEE  III. 

7.  How  to  Number  and  Read  the  Townships. — First  ascer- 
tain the  meridian  and  base  lines  controlling  the  survey  in 
the  territory  sought  to  be  located.  Any  township  in  the  first 
tier  of  townships  north  of  the  base  line  is  read  "  townsnip 
number  one,  north  ",  which,  in  written  descriptions,  is  con- 
tracted into  "T.  1  N."  On  the  south  side  of  the  base  line 
any  township  in  the  first  tier  is  read  "township  number 
one,  south  " ;  contracted  to  "  T.  1  S."  Each  successive  tier 
north  or  south  increases  by  numerical  order,  and  is  read 
in  the  same  way.  The  number  of  the  township  of  any  tier 
will  always  be  found  on  the  side  of  the  principal,  or  some 
guide  meridian.  Any  township  in  the  first  range  of  town- 
ships west  of  the  principal  meridian  is  read  "  range  one 
west "  ;  this  is  shortened  into  "  E.  1  "W."  On  the  other  side 
of  the  meridian  it  is  read  "  range  one  east " ;  and  the  con- 
traction is  "  E.  1  E."  The  ranges  increase  in  numerical 
order  east  and  west  of  the  principal  meridian,  and  are  num- 
bered on  the  base  line  beginning  at  the  meridian. 

To  illustrate  this,  the  map  of  one  of  the  states,  as  sur- 
veyed by  the  Government,  is  given  (p.  23).  The  locations 
of  townships  in  any  state,  whether  north  or  south  of  the 


22  PUBLIC   LAND   SURVEYS. 

principal  base,  or  east  or  west  of  the  surveying  meridian, 
may  be  learned  by  mastering  their  arrangement  on  this  map. 

What  surveys  are  governed  by  the  fifth  principal  me- 
ridian ?  * 

How  many  tiers  of  townships  north  of  the  base  line  in 
the  state  of  Arkansas  ? 

How  many  tiers  south  ? 

How  many  ranges  east? 

How  many  ranges  west  ? 

Do  you  live  north  or  south  of  the  base  line  in  your  state  ? 

Do  you  live  east  or  west  of  the  principal  meridian  ? 

Hot  Springs  is  in  township  two  south,  nineteen  ranges 
west  of  the  principal  meridian.  This  is  told  in  this  way  : 
"  Hot  Springs  is  situated  in  township  No.  2  south,  range 
19  west".  This  is  contracted  into,  "Hot  Springs  is  in  T. 
2  S.,  E.  19  W." 

The  number  of  the  township  north  or  south  always  pre- 
cedes the  number  of  the  range  east  or  west.  When  the 
number  and  direction  of  the  township  from  the  base,  and 
the  number  and  direction  of  the  range  east  or  west  are 

*  The  fifth  principal  meridian  is  taken  as  the  standard  in  this  work, 
for  the  reason  that  a  greater  area  is  surveyed  from  this  meridian  and 
its  base  line  than  from  any  other  in  the  United  States.  This  area 
includes  three  great  states  and  a  large  part  of  three  other  states — 
in  all,  nearly  350,000  square  miles. 


HOW  TO   NUMBER   AND   READ   THE  TOWNSHIPS.      23 


FIG.  3. 


given,  it  is  easy  to  locate  the  township.  Batesville  is  in 
township  13  north,  range  6  west.  This  is  written,  "  T.  13 
N.,  E.  6  W." 


CHAPTEE    IV. 

8.  Standard  Lines  and  Guide  Meridians. — Standard  parallel 
lines,  or  correction  lines,  are  run  east  and  west  from  the 
principal  meridian  and  become  new  or  special  base  lines  for 
townships  lying  north  of  them.  These  correction  lines  are 
supposed  to  be  run  and  marked  at  every  four  townships,  or 
every  24  miles  north  of  the  base,  and  at  every  five  town- 
ships or  30  miles  south  of  the  same.  In  practice,  however, 
they,  in  common  with  the  auxiliary  meridians,  are  run  at 
very  irregular  distances  from  the  base  and  from  each  other. 

Auxiliary  or  guide  meridians  are  supposed  to  be  run 
every  eight  ranges  of  townships,  or  every  48  miles  east  or 
west  of  the  principal  meridian.  The  student  will  see  that 
the  first  rectangle,  if  west  of  the  first  meridian  surveyed, 
will  have  for  its  eastern  boundary  the  principal  meridian, 
and  for  its  southern  boundary  the  base  line  ;  the  north- 
ern boundary  will  be  a  standard  parallel  and  the  western 
boundary  a  guide  meridian.  This  rectangle,  under  the  in- 
structions of  the  Land  Office,  is  to  contain  16  townships 
and  will  be  twenty-four  miles  square. 


STANDARD   LINES   AND   GUIDE   MERIDIANS.  25 

The  guide  meridians  and  standards  are  placed  thus  near 
to  the  first  meridian  and  the  base,  in  order  to  confine  the  er- 
rors growing  out  of  the  convergence  of  the  meridians  to  a 
narrow  limit.  It  is  easier  to  distribute  the  error  in  a  tract  of 
this  size,  and  to  make  the  townships  in  the  contiguous  tracts 
north  and  west  of  it  number,  than  it  would  be  in  a  larger 
tract.  The  error  consists  in  this  :  The  law  requires  the  east 
and  west  boundary  line  of  every  measured  tract  to  be  true 
meridians.  It  also  requires  each  tract  to  be  a  square.  The 
east  and  west  lines  being  true  meridians  must  converge,  and 
the  requirement  of  the  law  becomes  impossible.  Every 
figure  having  parallels  for  its  bases,  and  meridians  for  its 
sides  will  be  a  trapezoid  as  m  n  o  p  in  Figure  4  (p.  26).  To 
make  the  figure  a  square  the  line  m  p  must  take  the  direc- 
tion m  q,  and  form  the  figure  m  n  o  q,  which  is  a  square. 

Now  the  difference  between  the  real  figure  m  n  o  p  and 
the  required  legal  figure  m  n  o  q,  being  m  p  q,  is  error, 
and  if  confined  to  the  area  m  n  o  p  will  evidently  be  less 
than  if  computed  in  the  figure  m  n  s  r.  And  the  error, 
whether  of  excess  or  of  deficiency,  is  thrown  upon  the  ex- 
treme tier  of  townships  along  the  north  and  west  sides  of 
the  rectangle.  To  insure  this  the  ranges  are  run  from 
south  to  north  for  all  tracts  north  of  the  base  line,  and  the 
first  range  is  completed  before  the  second  is  begun  ;  the 


PUBLIC   LAND   SURVEYS. 


second  range  is  then  run  off  from  south  to  north.  In  this 
way  the  error  is  crowded  into  the  extreme  western  and 
northern  townships  of  the  tract.  (When  we  come  to  the 


FIG.  4. 

division  of  a  township  into  sections  and  quarters,  the  stu- 
dent will  see  that  this  error  is  again  crowded  into  the  ex- 
treme tier  of  western  or  northern  quarter  sections.) 

This  process  of  crowding  the  error  to  the  sides  of  the 
tract  opposite  the  true  meridian  and  base  line  is  called  clos- 
ing the  township.  The  standard  lines  so  laid  off  become  new 
base  lines  upon  which  townships  are  laid  off  six  miles  in 
width.  Take,  for  example,  the  fifth  principal  meridian.  Were 
the  meridian  lines  from  the  base  line  to  be  extended  to  Brit- 


8TANDAKD   LINES   AND   GUIDE  MERIDIANS.  27 

ish  America,  and  no  new  base  adopted  as  a  standard  for 
measurement,  the  townships  which  were  six  miles  wide  on 
the  base  would  diminish  to  a  width  on  the  British- Ameri- 
can line  (about  1,000  miles  from  the  base)  of  four  miles  and 
seventy-eight  hundredths  of  a  mile. 

To  keep  a  proper  width  in  the  townships  33  standard 
parallels  or  correction  lines  were  used  by  the  original  sur- 
veyors between  the  base  line  of  the  fifth  principal  merid- 
ian and  British  America.  The  townships  on  the  north 
of  every  standard  are  six  miles  wide,  while  those  on  the 
south  of  the  standard  may  be  of  a  less  width,  owing  to  the 
convergence  of  the  meridians.  For  this  reason  the  town- 
ship lines  on  the  north  side  of  the  standard  do  not  always 
coincide  with  those  on  the  south.  This  accounts  for  the 
offsets  in  the  range  lines  on  the  maps,  and  for  the  offsets 
so  often  found  in  north  and  south  roads  which  profess  to 
run  on  range  lines.  Wherever  possible  the  error  is  closed 
out  into  a  river  rather  than  into  the  west  and  north  sides  of 
the  square.  In  such  cases  the  standard  is  drawn  on  both 
sides  of  the  river  and  the  range  lines  run  toward  the  river, 
so  as  to  lose  the  error  in  the  stream.  In  the  states  border- 
ing on  the  Mississippi  Biver,  the  various  tributary  streams 
were  used  for  this  purpose  by  the  surveyors,  and  this  accounts 
in  part  for  the  few  standard  lines  to  be  found  in  those  states. 


CHAPTEE   V. 


NORTH 


N.W.  J4 
N.W.fc 

8.W.J4 

N.W.& 


N.W.J4 

Jfc 


N.B.J4 
NJS.J4 


-E-rM- 


S.E. 


N.W.J4 


N.W.J4J   N.E.& 

— j 

S.W.J4J 


-t — 

[  i  N.W.  i 


N-B-Ja 


•ST^T^ 


9.  The  Section  and  its  Divisions. — The  law  requires  the 
divisions  and  subdivisions  of  all  the  public  lands  to  take 

the  form  of  a  square.  The 
legal  division  of  the  square 
is  into  halves,  quarters,  half 
quarters,  and  quarter  quar- 
ters. (See  Figure  5.)  Each 
§  of  these  subdivisions  should 
be  carefully  studied  until  it 
is  understood. 

The   designations   of  the 
divisions  of  the  square   or 
section,  together  with  their 
abbreviations,  are  as  follows  : 

For  halves. 

North  half,  N.  £.  East  half,  E.  £. 

South  half,  S.  J.  West  half,  W.  f 

For  quarters. 

Northeast  quarter,  N.E.  J.  Southwest  quarter,  S.W.  J. 

Northwest  quarter,  N.W.  J.  Southeast  quarter,  S.E.  J. 


SIW.J4 
S.W.J4 


S.W.J4 


S.E.J4 


SOUTH 

FIG.  5. 


THE   SECTION   AND   ITS   DIVISIONS.  29 

For  quarter  quarters. 

Northeast  quarter  of  the  northeast  quarter,  N.E.  J  N.E.  J. 
Southeast  quarter  of  the  northeast  quarter,  S.E.  \  N.E.  \. 
Southwest  quarter  of  the  northeast  quarter,  S.W.  J  N.E,  \. 
Northwest  quarter  of  the  northeast  quarter,  N.W.  \  N.E.  J. 

In  the  same  manner,  read  and  designate  the  divisions  of 
the  N.W.  i ;  the  S.E.  J  ;  the  S.W.  J.  (See  Figure  5.) 

Example  1.  Draw  a  square  and  divide  it  into  quarters. 
Subdivide  each  quarter  into  quarters.  Then  place  the  num- 
ber preceding  each  of  the  following  abbreviations  in  the 
square  described  by  its  abbreviations,  and  the  sum  of  the 
numbers  up  and  down,  side  wise,  or  diagonally  from  the 
corners,  will  be  34. 

1.  S.W.  i  S.W.  J.  9.  S.E.  i  N.E.  i. 

2.  N.W.  i-  S.  E.  i.  10.  N.E.  J  N.W.  *. 

3.  N.W.  *  N.E.  J.  11.  N.E.  i  S.  W.  J. 

4.  S.W.  JN.W.i.  12.  S.E.   J  S.E.  i. 

5.  S.E.   iN.W.i.  13.  S.W.  i  S.E.  J. 

6.  N.E.  i  N.E.  i.  14.  N.W.  i  S.W.  i. 

7.  N.E.  iS.E.  i.  15.  N.W.iN.W.i. 

8.  S.E.   iS.W.i.  16.  S.W.  iN.E.  i. 
Example  %.  In  a  section  divided  as  before,  place,  in  their 

proper  squares,  the  numbers  given  on  page  30.  If  correctly 
placed,  the  additions  taken  up  and  down,  sidewise,  or  diag- 
onally from  the  corners,  will  each  make  34  as  before. 


30  PUBLIC   LAND   SUEVEYS. 

1.  N.W.  i  N.W.  i.  9.  S.E.    i  N.E.  £. 

2.  S.W.  J  S.E.  *.  10.  N.E.  i  S.W.  J. 

3.  S.E.    iS.W.  i.  11.  N.W.  i  S.E.    i. 

4.  N.E.   ±N.E.  i.  12.  S.W.  i  N.W.  i. 

5.  N.E.    iS.B.  J.  13.  S.W.  iS.W.  ±. 

6.  S.E.    i  N.W.i.  14.  N.W.  i  N.E.  i. 

7.  S.W.   ±N.E.  J.  15.  N.E.   i  N.W.  i. 

8.  N.W.  iS.W.i.  16.  S.E.    iS.E.    i. 

Bead  each  of  the  above  abbreviations. 

Example  3.  Another  magic  square  may  be  formed  with 
the  numbers  of  Ex.  2  by  placing  1  in  the  S.W.  J  N.E.  J. 
Try  to  fill  it  up  as  before. 

The  divisions  of  the  square,  or  section,  given  above  are 
the  legal  subdivisions  of  the  United  States  Land  Surveys, 
and  are  called  sections,  half  sections,  quarter  sections,  half 
quarter  sections,  quarter  quarter  sections,  and  fractional 
sections,  or  lots.  The  Government  has  always  sold  lands 
by  these  divisions  except  in  the  early  sales  of  Ohio,  where 
half  and  quarter  townships  were  conveyed. 


CHAPTEE  VI. 

10.  Area  of  the  Section  and  its  Subdivisions. — The  law  re- 
quired the  township  to  contain  23,040,  and  the  section  640 
acres.  These  areas  were  based  on  the  assumption  that  all  the 
tracts  would  be  squares.  We  have  seen  that  the  east  and 
west  boundary  lines  of  the  larger  tracts  (24  miles  square) 
are  true  meridians,  and  that  the  tracts  are  not  squares.  The 
area  of  the  township  by  subsequent  enactment  (May  18, 
1796)  was  fixed  at  23,040  acres  as  near  as  may  be  ;  and  the 
area  of  the  section,  640  acres  as  near  as  may  be.  The  law 
of  May  10,  1800,  provided  as  follows  :  "  In  all  cases  where 
the  exterior  lines  of  the  townships  shall  exceed,  or  shall  not 
extend  6  miles,  the  excess  or  deficiency  shall  be  specially 
noted,  and  added  to  or  deducted  from  the  western  or  north- 
ern ranges  of  sections  or  half  sections  in  such  township, 
according  as  the  error  may  be  in  running  the  lines  from 
east  to  west,  or  from  south  to  north  ;  the  sections  and  half 
sections  bounded  on  the  northern  and  western  lines  of  such 
townships  shall  be  sold  as  containing  only  the  quantity  ex- 


32  PUBLIC    LAND   SURVEYS. 

pressed  in  the  returns  and  plats  respectively,  and  all  others 
as  containing  the  legal  quantity." 
11.  The  Legal  Quantity.— 

640  acres  =  the  legal  section. 
320  acres  =  the  legal  half  section. 
160  acres  =  the  legal  quarter  section. 
80  acres  =  the  legal  half  quarter  section. 
40  acres  —  the  legal  quarter  quarter  section. 
How  much   land   does   a   man   own  who  has  title  for  a 
half  section  ?     For  a  quarter  section  ?     For  a  full  section  ? 
For  a  quarter  quarter  section  ?     For  the  N.  W.  i  ? 
For  the  S.  i  N.  W.  i  ?     For  the  E.  4  S.E.  J  ? 
The  S.  *  and  the  E.  4  N.  W.  i  ? 
TheN.W.Jand   the   S.W.J? 
The  N.  W.  4  N.W.  J  ?     The  S.E.  J  S.W.  i  ? 
The  N.W.  i  and  the  N.W.  i  S.E.  i  ? 
The  N.W.i,  and  the  S.  i  S.W.  i? 

What  part  of  the  section  does  a  man  own  who  owns  a  half 
section,  a  quarter  section,  and  three  quarter  quarter  sections  ? 
Plat  all  the  above  examples. 

NOTE. — The  number  of  acres  in  any  tract  may  always  be  fonnd  by 
multiplying  the  denominators  of  the  fractions  of  each  subdivision  to- 
gether, and  dividing  640,  the  number  of  acres  in  a  section,  by  the 
product.  Explain  this. 


HOW   SECTION   LINES    ARE   RUN.  33 

Kemember  that  lands  sold  by  the  legal  subdivisions  con- 
tain the  legal  quantity  of  land. 

Figure  8  (p.  39)  shows  the  subdivisions  of  a  quarter  section 
and  their  legal  quantity.  The  designations  should  be  care- 
fully studied  and  applied  until  they  are  well  understood. 

12.  How  Section  Lines  are  Run. — Eeferring  to  the  law  of 
1800  (Sec.  10,  p.  31)  you  will  see  that  the  error  is  referred  to 
as  originating  in  the  section  lines.  These  should  be  six 
miles  long  in  each  township,  but  they  may  be  more  or  less. 
The  excess  or  the  deficiency  must  fall  in  the  western  or 
northern  half  sections.  Hence  the  section  lines  (see  Figure 
6,  p.  34)  ab,cd,  ef,  gh,ik  and  I  m  and  p  y  are  run  from  south 
toward  the  north,  so  that  the  deficiency  may  fall  in  the 
northern  range  of  half  sections.  That  is  to  say,  the  area  of 
this  northern  range  of  half  sections  may  be  more  or  less 
than  the  legal  quantity. 

Such  irregular  areas  are  not  fractional  sections  but  are  de- 
nominated on  Government  plats  as  "  lots  ",  and  are  numbered 
in  order,  and  should  be  so  referred  to  and  designated.  Thus 
the  northern  half  of  section  1  should  not  be  platted  as 
"  N.  -J  of  Section  1 "  but  as  "  Lot  41 "  containing  the  number 
of  acres  marked  upon  the  Government  plat.  The  description, 
"  N.  £  of  Section  1 "  always  calls  for  a  definite  number  of 

acres,  viz.,  320  ;  while  "  Lot  41 "  means  that  the  area  of  the 
p.  L.  S.-3 


34 


PUBLIC  LAND  SURVEYS. 


n              I 

;               f 

j 

f               c 

J                1 

> 

11 

i 

Lot  45 

Lot  44 
325  A. 

Lot  43 

Lot42 
324  A. 

Lot  41 

y 

5 

4 

3 

2 

1 

w 

2     7 

8 

9 

11 

12 

5 

-    !_L£ 

OS       • 

18 

17 

16 

15 

11 

10 

o  2 

»-}  CO 

8 

40            -1  Q 

OA 

OO 

OQ 

o    iy 

H 

ZU 

1  1 

2flS 

SBO 

n 

to 

y 

o      30 

H 

29 

28 

27 

26 

^w^jSsi^ 

§g   31 

32 

33 

34' 

35 

.36 

? 

;         i 

jr                < 

>                 < 

?                c 

i 

P 

FIG.  6. 


figure  must  be  determined  by  reference  to  the  plats.  That  is 
to  say,  a  fractional  part  of  a  section  explains  itself  (see  Sec. 
11,  p.  32) ;  but  a  lot  requires  an  actual  measurement. 

In  Figure  6,  the  south  half  of  sections  1, 2, 3,  4,  and  5  may 


HOW   SECTION   LINES   ARE   RUN.  35 

be  described  regularly  as  "  S.  £  of  2  ",  "  S.  i  of  3  ",  etc.,  and  their 
area  would  be  known ;  or  they  may  be  lots,  in  which  case 
their  area  would  be  found  on  the  plat.  But  the  northern 
half  would  be  described  as  "  Lot  41 ",  "  Lot  42  ",  etc.,  and 
would  require  measurement  to  determine  their  area.  The 
Government  measured  them  at  the  time  of  the  survey,  and 
marked  their  area  on  the  plats  returned  to  the  Land  Office. 

It  is  only  necessary,  then,  to  know  the  number  of  the  lot, 
the  township  and  range,  and  the  surveying  meridian  to  as- 
certain the  area  of  any  of  these  lots.  But  they  should  be  de- 
scribed as  lots  and  not  as  fractional  parts  of  sections. 

In  the  same  manner,  the  section  lines  pl,no,qr,st,uv,w 
x,  and  y  m  are  run  from  east  to  west,  in  order  to  throw  the 
excess  or  deficiency  in  the  western  range  of  half  sections. 
These  half  sections,  if  deficient  or  excessive,  would  be  denom- 
inated "  lots  ".  In  Figure  6,  the  western  half  sections  would 
oe  described  as  "Lot  47",  "Lot  48",  etc.  The  eastern 
range  of  half  sections  would  be  described  regularly. 

In  some  cases,  the  quarter  section  is  designated  by  the 
Government  as  "  Lot  1  S.  W.  J  ",  or  "  Lot  2  S.  W.  \  ",  as  the  case 
may  be.  When  thus  designated,  the  lots  numbered  "  1 "  will 
always  be  nearest  the  base  and  meridian  lines.  (See  Fig.  9, 
p.  47.)  In  all  such  cases  they  should  be  read  as  lots  1  and  2  of 
the  particular  quarter,  rather  than  by  the  regular  subdivisions. 


36  PUBLIC   LAND   SURVEYS. 

How  do  you  ascertain  the  area  of  Lot  51  ?  Sections  8, 
9,  10,  11,  12,  13, 14,  15,  16,  17,  20,  21,  22,  23,  24,  25,  26, 27, 
28,  29,  32,  33,  34,  35,  36  of  Figure  6  are  regular  sections, 
and  every  division  and  subdivision  thereof  is  regular  and 
contains  the  legal  quantity  of  land.  Each  of  them  may  be 
divided,  and  is  ordinarily  divided  into  halves,  quarters,  and 
quarter  quarters. 

Let  each  pupil  divide  these  regular  sections  in  all  ways 
in  which  division  is  permissible,  and  describe  each  subdivi- 
sion. 

Section  25  in  Figure  6  (p.  34)  is  subdivided  into  7  tracts, 
as  follows  : — 

The  N.E.  i  Section  25,  containing  160  acres. 
The  N.W.  i  Section  25,  containing  160  acres. 
The  S.  4  S.E.  i  Section  25,  containing  80  acres. 
The  N.E.  i  S.E.  i  Section  25,  containing  40  acres. 
The  N.W.  i  S.E.  J  Section  25,  containing  40  acres. 
The  N.  4  S.W.  i  Section  25,  containing  80  acres. 
The  S.  4  S.W.  i  Section  25,  containing  80  acres. 

Total  area  of  section  640  acres. 

In  the  same  manner,  write  out  a  description  of  the  sub- 
divisions of  Sec.  10,  as  shown  in  Figure  6. 
Of  Section  14. 
Of  Section  21. 


HOW  SECTION  LINES  ARE  KUN. 


37 


Scale,  125  Chains  to  an  Inch 


FlG.  7. — Map  of  township  number  6  north,  range  number  34  east  of  the 
principal  meridian,  Montana,  showing  the  sections  and  their  subdivisions  into 
quarter  sections  and  lots,  with  the  quantities  of  land. 


CHAPTEE  VII. 

13.  Other  Subdivisions  of  the  Section. — Although  the  Govern- 
ment recognizes  no  subdivision  less  than  40  acres,*  or  a 
quarter  quarter  section,  the  states  and  private  individuals, 
who  have  become  owners  of  the  lands,  find  it  necessary  and 
convenient  to  continue  this  process  of  division  beyond  this 
point.  Thus  there  may  be  tracts  of  20,  10,  and  5  acres, 
each  of  which  will  be  a  regular  subdivision  of  the  quarter 
quarter  section,  and  will  be  described  as  the  other  divisions 
of  the  section.  The  following  diagram  (p.  39)  illustrates 
the  method  of  division,  the  legal  descriptions,  and  the 
appropriate  abbreviations.  It  is  a  little  more  difficult 
than  the  legal  subdivisions  of  the  section,  but  by  a  little 
patience  and  practice  it  may  easily  be  mastered. 

Examples.  The  5-acre  tract  in  the  N.E.  corner  of  the 
diagram  is  described  as  follows : 

N.  i  N.E.  i  N.E.  J  N.E.  J  Sec.  18,  5  A. 

*  By  the  original  act  no  less  than  640  acres  or  a  section  could  be 
sold ;  in  1820  a  quarter  section  was  permitted  to  be  sold ;  in  1832 
settlers  were  permitted  to  take  up  a  quarter  quarter,  and  in  1846  a 
quarter  quarter  was  authorized  to  be  sold. 


OTHER  SUBDIVISIONS  OF  THE  SECTION. 


39 


5  A. 

5  A. 

** 

^^ 

N.E.  J4  N.E.  14 

^  *4 

^  1   • 

5  A., 

l?° 

^'^•0 

S.  ^  N.E.  14 

10 

A. 

^  S 

H   3 

N.E.  Y±  N.E.  H 

5  A. 

N.E.  J4  N.E.  M 

^             ^! 

5A. 

.  H         ^  c4 

H      •                ra 

5  A. 

5  A. 

5  A. 

5  A. 

m  ^4       S  *H 
•  p^           ^  W  ' 

s.  ^  s.w.  H 

N.E.  J4  N.E.  14 

^                 ^5 

5  A. 

H.E.M 

20  A 

20  A. 

20  A. 

20  A. 

FIG.  8. — Diagram  showing  the  subdivisions  of  a  quarter  section  into  5-, 
10-,  and  20-aere  tracts.  In  the  examples  given,  this  diagram  is  supposed  to 
represent  the  northeast  quarter  of  Section  18. 

It  is  read  as  follows :    "  The  north  half  of  the  northeast 
quarter  of  the  northeast  quarter  of  the  northeast  quarter 


40  PUBLIC   LAND   SURVEYS. 

of  Section  18,  containing  5  acres."  In  the  same  manner 
read  all  the  other  subdivisions  of  the  northeast  quarter  of 
the  northeast  quarter  of  Section  18.  Write  the  legal  de- 
scriptions of  each  tract  in  the  N.W.  i  of  the  N.E.  J  of 
Sec.  18.  Write  the  abbreviations.  Write  in  full  the  de- 
scriptions of  the  two  twenties  in  the  S.E.  J  of  the  N.E.  J 
Sec.  18.  Write  the  abbreviations.  Divide  the  W.  £  S.E.  J 
N.E.  J  N.E.  J  Sec.  18  into  two  parts,  and  write  the  descrip- 
tions for  each,  the  abbreviations,  and  calculate  the  cost  of 
one  of  them  at  $1.25  per  acre.  Take  a  piece  of  paper  and 
cut  it  nicely  into  parts  corresponding  to  the  divisions  of  the 
diagram.  Select  any  5-acre  tract  and  tell  what  it  is  with 
reference  to  the  whole  section.  In  this  way  you  will  soon 
come  to  know  the  exact  meaning  of  each  phrase  used  in  the 
description. 

Draw  a  section  and  divide  it  into  quarters ;  divide  any 
quarter  into  quarters;  then  divide  any  one  of  these  last 
quarters  into  quarters ;  then  divide  any  one  of  these  last 
quarters  into  halves,  and  you  will  have  a  5-acre  tract. 


OF  THE 

UNIVERSITY 

CF 


CHAPTEE  VIII. 

14.  Ownership  of  Lands. — All  lands  comprehended  within 
the  Government  surveys  belonged  at  one  time  to  the  United 
States.  The  Government  divests  itself  of  ownership  in  three 
ways : 

1.  By  gift  or  grant  to  the  several  states ; 

2.  By  gift  to  individuals  or  corporations  ; 

3.  By  sale  to  individuals  or  corporations. 

The  United  States  have  always  been  generous  to  the  sev- 
eral states.  Millions  of  acres  have  been  given  to  them,  to 
aid  them  in  building  statehouses,  in  establishing  schools 
and  seminaries,  and  for  other  purposes. 

The  General  Government  has  also  given  millions  of  acres 
to  her  soldiers,  to  actual  settlers  upon  homesteads,  to  cor- 
porations, to  aid  in  developing  the  country  and  promoting 
the  general  welfare,  and  in  supporting  education  in  many 
ways. 

Two  hundred  millions  of  acres  have  been  given  to  assist  in 
building  railroads  through  the  unsettled  regions  of  the  coun- 


42  PUBLIC   LAND   SURVEYS. 

try.  Much  more  than  this  has  been  given  to  the  states  in 
aid  of  their  public  schools,  both  in  large  general  grants  and 
by  reserved  sections,  as  the  sixteenth  section  of  the  old  and 
the  sixteenth  and  thirty-sixth  sections  of  the  new  town- 
ships. 

Besides  these  enormous  gifts,  the  Government  disposes  of 
immense  tracts  of  land  by  actual  sale.  After  they  have  been 
surveyed  and  platted,  or  mapped,  into  townships  and  sec- 
tions, they  are  placed  on  the  market  and  offered  for  sale  in 
such  quantities  as  are  wanted  by  the  purchaser — not  less, 
however,  than  one  sixteenth  of  a  section,  or  forty  acres. 

15.  General  and  District  Land  Offices. — The  general  work  of 
surveying,  mapping,  and  regulating  the  public  domain  is 
vested  in  the  General  Land  Office  at  Washington. 

The  work  of  selling  these  lands  is  delegated  to  District 
Land  Offices  in  the  states  and  territories,  to  suit  the  con- 
venience of  purchasers.  At  these  places  are  deposited  maps 
of  all  the  lands  lying  in  the  district,  and  the  purchaser  may 
easily  make  selection  both  as  to  location  and  price. 

16.  Registers  and  Receivers. — Each  of    these  offices  has 
two  officers : 

1.  A  Register  of  the  Land  Office. 

2.  A  Receiver  of  Public  Money  for  Lands. 

They  are  ordinarily  called  the  Register  and  Receiver,  and 


HOW  TO  SECURE  TITLE.  43 

are  appointed  by  the  President  and  the  Senate.  They  re- 
port their  proceedings  to  the  General  Land  Office. 

The  Register  receives  every  application  for  land  and 
registers  it  in  a  book  provided  for  that  purpose.  The 
Receiver  takes  the  money  which  is  paid  for  the  land,  and 
transmits  it  at  stated  periods  to  the  United  States  Treasury. 

Name  the.  District  Land  Offices  in  your  state.  Give  the 
name  of  the  Register  and  of  the  Receiver  in  charge  of  each 
of  them. 

17.  How  to  Secure  Title. — There  are  two  classes  of  public 
lands  subject  to  entry  : 

1.  The  minimum  class  at  $1.25  per  acre. 

2.  The  double  minimum  at  $2.50  per  acre.    The  alternate 
sections  along  the  lines  of  railroads  comprise  the  latter. 

The  title  may  be  secured  in  three  ways:  1.  At  public 
sale.  2.  By  private  entry.  3.  By  homesteading. 

18.  Homesteads. — In  1862  Congress  passed  an  act  called 
"  The  Homestead  Law  ".     By  this  law  every  person  who  is 
the  head  of  a  family,  or  who  has  arrived  at  the  age  of 
twenty-one  years,  and  is  a  citizen  of  the  United  States,  or 
who  has  filed  his  declaration  of  intention  to  become  such, 
is  entitled  to  enter  upon  and  claim  one  quarter  section,  or  a 
less  quantity,  of  unappropriated  public  lands.    The  only  lim- 
it to  this  right  is  a  very  small  fee  and  an  oath  that  the  land  is 


44  PUBLIC   LAND   SURVEYS, 

desired  for  actual  settlement  and  cultivation  by  the  claimant. 
To  protect  the  Government  from  fraudulent  claimants,  no 
patent  or  deed  can  be  issued  under  this  act  until  the  ap- 
plicant has  actually  settled  upon  and  cultivated  the  land  for 
five  years. 

19.  Mineral  Lands. — All  public  lands  supposed  to  contain 
gold,  silver,  copper,  lead,  or  other  minerals  are  sold  under  a 
different  rule.     Not  more  than  forty  acres  may  be  purchased 
by  a  single  person  and  at  not  less  than  five  dollars  per  acre. 

20.  Land  Warrants. — These  papers,  given  to  soldiers  and* 
sailors,  entitle  their  holders  to  locate  any  minimum  class 
lands,  and  are  classed  as  private  entries.     Double  minimum 
lands  may  be  located  with  these  warrants  upon  payment  of 
the  difference  in  cash. 

21.  Agricultural  College  Scrip — To  aid  certain  colleges,  the 
Government  issued  a  scrip  which  authorized  its  holder  to 
locate  certain  of  the  public  lands.     This  scrip  may  be  used 
to  purchase  minimum  lands,  but  no  greater  quantity  than  a 
quarter  section,  and  not  more  than  three  sections  in  a  town- 
ship.    It  may  also  be  used  in  preemptions. 

22.  Preemption. — This  law  provided  that  any  person  who 
was  the  head  of  a  family,  or  a  widow,  or  a  single  man  over 
twenty-one  years  of  age  and  a  citizen  of  the  United  States, 
or  any  person  who  had  filed  his  declaration  to  become  such, 


TIMBER   CULTURE   LAW.  45 

by  settling  upon  and  improving  any  offered,  unoffered,  or 
unsurveyed  lands  of  the  United  States,  could,  obtain  a  pre- 
emption right  to  one  hundred  and  sixty  acres  of  land  so 
occupied,  at  the  regular  Government  price.  This  law  pro- 
tected the  actual  settler  upon  such  lands.  It  differed  from 
the  homestead  law  in  that  it  required  a  purchase  at  regular 
rates  and  required  no  definite  length  of  occupancy  to  per- 
fect the  title. 

23.  Timber  Culture  Law.— In  1873  Congress  passed  an 
act  to  encourage  the  growth  of  timber  on  western  prairies. 
This  law  provided  that  any  person  who  was  the  head  of  a 
family,  or  who  had  arrived  at  the  age  of  twenty-one  years, 
and  was  a  citizen  of  the  United  States,  or  who  had  filed  his 
declaration  of  intention  to  become  such,  could  secure  a  title, 
at  the  end  of  ten  years,  to  not  more  than  a  quarter  section 
of  land,  by  planting  and  keeping  in  healthy  growing  condi- 
tion forty  acres  of  trees,  or  a  corresponding  less  amount  if 
less  than  one  hundred  and  sixty  acres  were  entered.  Not 
less  than  forty  acres  could  be  entered.  Later  this  law  was 
amended  so  as  to  allow  the  settler  to  prove  his  claim  at  the 
end  of  eight  years,  and  required  the  planting  of  but  ten  acres 
of  trees  on  each  quarter  section.  Only  one  quarter  in  each 
section  could  be  entered  for  timber  culture.  This  law  was 
repealed  in  1891, 


CHAPTEE  IX. 

24.  State  Taxation, — The  people   of  every  state  receive 
protection  and  education  from  the  state  governments.     To 
protect  the  citizen  in  life  and  limb  and  to  educate  him  costs 
a  great  amount  of  money,  which  in  turn  is  taken  from  the 
citizen  as  an  equivalent  ior  the  benefits  received  by  him. 
The  state  collects  this  money  by  fixed  rules  or  laws,  which 
bear  upon  all  citizens  alike,  and  calls  the  process,  taxation. 
The  general  rule  underlying  all  taxation  is  that  taxes  shall 
be  just  and  equal. 

In  most  of  the  states  the  taxing  power  is  vested  in  (1)  the 
legislature ;  (2)  the  county  courts ;  (3)  the  town  councils ; 
(4)  the  vote  of  the  people.  The  tax  may  be  a  head  tax,  a 
privilege  tax,  or  a  property  tax. 

25.  Assessment. — In  order  that  taxes  levied  upon  property 
may  be  equal,  it  is  necessary  to  fix  upon  a  value  for  all 
property.     This  ascertainment  of  the  value  of  any  property 
so  that  it  may  bear  its  just  and  equal  share  of  the  taxes  is 
called  an  assessment.    It  is  usually  made  by  an  officer, 


ASSESSMENTS. 


47 


r 


Township  Line 


79 
Phineas  Jones 


r- 


80 
John  Brown 

(2) 


81 


81 


37     '  21  ! 

Eliza  Smith  j  20 


L__j£* 

77      |40 


(2)     1  (1)  ! 


80 

(1) 


160 

Thomas  M 


80 
Ezra  Thomas 


I      S 


40 


(1) 


160 


Sarah  Smith 
80 


ore/iead 


~" 


Eliza  Thomas 

80 


77 


80 


M.Jack 

80 


160 


Thomas]  Jeffries 

(2)    I      (1) 
i 

— 1 tl_- 

39 


160 


.Thomas  Edwards 
80 


John  James 

f   40 

39  40 

Jerome  \  Jackson 

<2>   f    (1) 


4i20 


140 

Vacant 


130 


FIG.  9. 


Section  Lines  _ 

~Eange  and  Township  Lines 

Lines  subdividing  Sections  and  Lots 

Connecting  ownership  of  Lands 

Number  of  Lots 


H 

-(1)  (2) 


48  PUBLIC   LAND   SURVEYS. 

called  an  Assessor,  who  is  elected  or  appointed  to  that 
service. 

For  determining  the  amount  of  assessment,  the  township 
is  divided  into  sections,  and  the  sections  subdivided  into 
quarters  and  lots  of  quarters,  showing  the  ownership  of 
each  lot  or  quarter  or  section,  as  the  case  may  be. 

The  following  explanation  will  enable  the  student  to  see 
the  difference  between  correct  and  incorrect  descriptions  of 
the  subdivisions  of  a  section. 

26.  Correct  Descriptions  for  Assessment  of  Sections  1,  2,  11, 
and  12,  as  diagrammed  in  Figure  9 : 

No.  OF  ACRES.  SECTION  1.  OWNER. 

81 Lot  2  N.  E.  i.  John  Wright. 

40 E.  *  Lot  1  N.  E.  J.  John  Wright. 

40 W.  i  Lot  1  N.  E.  i.  Thomas  Smith. 

81 Lot  2  N.  W.  i.  Thomas  Smith. 

80 Lot  IN.  W.J.  Ezra  Thomas. 

160 , . .  S.  W.  i.  Thomas  Morehead. 

80 N.  |  S.  E.  i.  Sarah  Smith. 

80 S.  |  S.  E.  i.  Eliza  Thomas. 

SECTION  2. 

80 Lot  1  N.  E.  i.  Thomas  Morehead. 

80 Lot  2  N.  E.  £.  John  Brown. 

20 E.  i  E.  \  Lot  1  N.  W.  \.  Thomas  Smith. 

20 W.  \  E.  i  Lot  1  N.  W.  i.  Eliza  Smith. 


CORRECT    DESCRIPTIONS    FOR   ASSESSMENTS. 


49 


No.  OF  ACRES.  SECTION  2. 

37  ..........  Balance  of  Lot  1  N.  W.  £. 

79  ..........  Lot  2  N.  W.  i. 

40  ..........  E.  |  Lot  1  S.  W.  i> 

40  ..........  W.  i  Lot  1  S.  W.  i. 

77  ..........  Lot  2  S.  W.  i. 

160  ..........  S.  E.  i. 

SECTION  11. 

160  ..........  N.  E.  J. 

80  ..........  Lot  1  N.  W.  i. 

77  ..........  Lot  2  N.  W.  J. 

40  ..........  N.  |  Lot  1  S.  W.  i. 

40  ..........  S.  |  Lot  1  S.  W.  i. 

39  ..........  N.  i  Lot  2  S.  W.  J. 

39  ..........  S.  i  Lot  2  S.  W.  i. 

20  ..........  W.  £  N.  W.  i  S.  E.  i> 

SECTION  12. 

80  ..........  N.  i  N.  E.  i. 

80  ..........  S.  |  N.  E.  i. 

160  ..........  N.  W.  i. 

30  ..........  All  N.  of  Goose  Creek,  S.  W. 

130  .........  .  All  S.  of  Goose  Creek,  S.  W. 

120  ..........  All  N.  of  Goose  Creek,  S.  E. 

40  ..........  All  S.  of  Goose  Creek,  S.  E. 


OWNER. 

Eliza  Smith. 
Phineas  Jones. 
Thomas  Smith. 
Amy  Love. 
John  Carr. 
Thomas  Morehead. 

Thomas  Morehead. 
Thomas  Jeffries. 
Thomas  Jeffries. 
John  James. 
Jerome  Jackson. 
John  James. 
Jerome  Jackson. 
John  James. 

M.  Jack. 

Thomas  Edwards. 
Thomas  Morehead. 
Thomas  Edwards. 
John  Swift. 
Thomas  Edwards. 
John  Swift. 


P.  L.  S.-4 


50 


PUBLIC   LAND   SURVEYS. 


ERRONEOUS  DESCRIPTIONS. 

No.  OF  ACRES.  SECTION  1.  OWNER. 

121 N.  |  N.  E.  J  S.  E.  i  N.  E.  *.  John  Wright. 

121 S.  W.  i  N.  E.  i  N.  i.  N.  W.  J.  Thomas  Smith. 

80 North  part  of  S.  E.  J.       .  Sarah  Smith. 

80 South  part  of  same.  Eliza  Thomas. 

160 S.  W.  J.  Thomas  Morehead. 

SECTION  2. 

80 N.  i  N.  E.  J.  John  Brown. 

80 S.  |  S.  E.  £.  Thomas  Morehead. 

160 S.  E.  i.  Thomas  Moreliead. 

79 N.  i  N.  W.  J.  Phineas  Jones. 

20 E.  part  S.  E.  J  N.  W.  J.  Eliza  Smith.  • 

20 W.  part  S.  E.  J  N.  W.  i.  Eliza  Smith. 

37 S.  W.  i  N.  W.  J.  Eliza  Smith. 

SECTION  13. 

80 Part  of  N.  E.  J.  M.  Jack. 

80 Part  of  N.  E.  J.  Thomas  Edwards. 

120 Part  of  S.  E.  J.  Thomas  Edwards. 

40. Part  of  S.  E.  J.  John  Swift. 

A  city  or  town  is  divided  into  blocks  and  lots,  the  assess- 
ment beginning  with  Block  1  of  the  original  town  and  with 
Lot  1,  proceeding  consecutively  with  the  lots  in  each  block 
and  in  consecutive  order  with  the  blocks.  Each  addition 


TAX   RECEIPTS.  51 

to  the  original  town  is  assessed  separately  by  lots  and 
blocks. 

27.  Tax  Receipts. — Taxes  are  paid  on  the  assessments 
fixed  by  the  Assessor,  and  when  paid  are  evidenced  by  a 
receipt.  This  receipt  contains  the  correct  description  of 
each  piece  of  land,  or  of  each  lot,  and  its  assessed  value, 
together  with  the  amount  of  taxes  paid  on  it  for  the  several 
purposes  for  which  taxes  are  assessed.  The  description 
should  be  correct,  so  that  the  taxpayer  may  know  that  he 
has  discharged  his  duty  to  the  state,  and  that  the  public 
may  have  an  easy  method  of  ascertaining  whether  all  prop- 
erty is  bearing  its  just  and  equal  share  of  the  burdens  of 
government. 


CHAPTER  X. 

28.  Deeds, — A  deed  is  a  written  contract  conveying  land. 
It  has  several  necessary  parts,  as,  (1)  tlie  parties,  (2)  the 
consideration,  (3)  the  description,  (4)  the  covenants,  (5^ 
the  signatures,  (6)  the  acknowledgment. 

The  parties  are  the  grantor  and  the  grantee.  The  first  is 
the  seller,  and  the  second  the  buyer.  The  consideration  is  the 
price  paid,  and  is  generally  money.  The  description  is  such 
a  designation  of  the  land  by  metes  and  bounds,  or  by  town- 
ships, ranges,  and  subdivisions  of  the  section,  as  will  identify 
it.  In  such  states  as  were  not  surveyed  into  townships, 
ranges,  and  sections,  the  description  is  by  calls  made  from 
natural  or  stationed  objects  or  corners  along  a  named  line  by 
courses  and  distances.  This  is  called  a  description  by 
metes  and  bounds. 

Here  is  a  description  taken  from  an  old  Jersey  deed,  which 
will  illustrate  the  method  of  describing  lands  in  all  the  old 
Colonial  States,  and  in  parts  of  Kentucky  and  Tennessee  : 

Description  of  204  acres  sold  by  Bennett  Bard  to  Peter  Bard,  August  4, 
1763. — "  Beginning  at  a  pine  lettered  B.  B.  and  M. ,  on  the  side  of  that 


DEEDS.  53 

branch  where  his  saw-mill  formerly  stood,  and  is  a  corner  to  land  surveyed 
to  John  Monroe,  Esq  ,  and  runs  by  the  same  S.  3  degrees  E.  47.50  chains 
to  a  small  pine  by  the  north  side  of  his  mill  pond"  (this  is  called  the  first 
course) ;  "  thence  crossing  the  same  S.  68  degrees  E.  25  chains  to  a  pine  on 
the  north  side  of  the  southerly  branch  of  his  mill  pond  "  (second  course)  ; 
"  then  crossing  the  said  branch  S.  27  degrees  E.  19  chains  to  a  pine  corner 
to  50  acres  of  pine  land  and  cedar  swamp  that  the  said  John  Monroe  pur- 
chased of  Bennett  Bard"  (third  course) ;  "then  N.  65  degrees  W.  35  chains 
to  a  post  by  a  pine  marked  corner  to  land  surveyed  to  John  Monroe" 
(fourth  course) ;  "  thence  N.  65  degrees  W.  35  chains  to  a  post  by  a  pine" 
(fifth  course)  ;  "thence  N.  20  degrees  W.  19  chains  to  a  corner"  (sixth 
course)  ;  "thence  N.  60  degrees  W.  30  chains  to  the  said  mill  branch" 
(seventh  course);  c< thence  it  is  bounded  up  the  said  mill  branch  and  its 
several  courses  to  the  corner  pine  first  mentioned  "  (eighth  course). 

The  principal  things  to  note  in  every  such  description  are 
(1)  the  corners,  (2)  the  courses,  (3)  the  distances  between 
the  corners. 

The  corners  may  be  trees,  stones,  or  any  other  object 
permanent  and  easy  to  be  found.  The  courses  are  indi- 
cated by  degrees  and  their  parts,  and  are  ascertained  by  the 
surveyor.  The  distances  are  ascertained  by  actual  meas- 
urement, and  are  usually  designated  in  rods  and  feet. 
They  are  sometimes  marked  in  chains  and  links. 

Such  descriptions  usually  close  with  a  clause  like  the 
foregoing  one  from  Bennett  Bard  :  "  Containing  204  acres, 
more  or  less."  This  is  unnecessary,  however,  as  the  given 


54  PUBLIC   LAND  SURVEYS. 

description  carries  with  it  all  the  enclosed  area,  whether  it 
be  204  acres  or  20,400  acres. 

The  following  is  a  description  of  lands  within  the  territory 
surveyed  by  the  United  States,  and  will  serve  as  a  guide  for  all 
other  descriptions  of  the  same  kind  : 

11  John  Jones  sells  to  Marcus  Wright  the  following  described  real  estate, 
situated  in  the  County  of  Clark  and  State  of  Illinois,  to  wit : 

"  S.W.  i  Sec.  5,  160  acres,  and  S.W.  J  of  W.  i  Lot  1,  N. W.  ±  Sec.  5,  10 
acres  lying  in  T.  10  N.  R.  12  W.,  2  P.  M.,  containing  in  all  170  acres,  more 
or  less,  according  to  the  United  States  survey  thereof." 

This  description  calls  for  the  township  and  range  as  of 
first  importance ;  it  then  calls  for  the  section  and  one  or 
more  of  its  legal  subdivisions.  The  quantity  of  land  is  not 
subject  to  so  many  variations  as  is  land  surveyed  by  courses 
and  distances,  and  the  new  surveys  are  far  more  accurate 
than  the  older  ones.  The  Government  surveys  are  more 
nearly  correct  than  private  ones,  though  all  of  them  are  sub- 
ject to  inaccuracies  of  many  kinds.  The  last  description 
names  the  second  principal  meridian,  and  where  two  merid- 
ians govern  the  lands  of  the  state  this  method  of  description 
should  be  observed. 

Land  grants,  military  tracts,  and  irregular  shaped  pieces 
should  be  deeded  by  metes  and  bounds. 

The  covenants  of  a  deed  are  the  words  which  bind  the 


DEEDS.  55 

grantor  to  defend  the  title  of  the  land.  This  means  that,  if 
the  land  is  claimed  by  any  other  person  than  the  grantee, 
the  grantor  (seller)  will  protect  the  grantee  (buyer)  against 
said  claim. 

The  deed  is  signed  by  the  grantor  in  the  presence  of  wit- 
nesses. If  the  grantor  has  a  wife,  she  also  must  sign,  if 
her  dower  right  is  to  be  conveyed.  The  absence  of  her  sig- 
nature would  indicate  a  dower  right  not  conveyed. 

In  addition  to  all  this  particularity,  the  deed  is  not  per- 
fect unless  it  is  acknoivledged  before  an  officer  of  the  state 
authorized  by  law  to  take  acknowledgments.  If  the  wife 
signs,  the  officer  must  take  her  acknowledgment  separate 
and  apart  from  her  husband. 

To  make  a  deed  effective  against  other  persons  who  may 
buy  it  from  the  grantor  after  his  first  sale,  the  grantee 
must  take  it  to  an  officer  of  the  state  regularly  authorized 
to  receive  it  and  deposit  it  for  record.  This  officer  receives 
it,  endorses  the  time  of  its  reception  on  the  back,  and  re- 
cords it  in  a  book  provided  by  law  for  that  purpose. 

This  record  is  always  open  to  inspection,  and  is  a  notice 
to  third  parties  not  to  buy  lands  from  a  grantor  who  has 
already  disposed  of  his  title. 

Questions. — Can  you  name  the  officers  in  your  state  who 
are  authorized  to  take  an  acknowledgment  to  a  deed  ?  Can 


OD  PUBLIC    LAND    SURVEYS. 

you  name  the  officer  whose  duty  it  is  to  receive  and  record 
deeds  ?  What  is  his  office  called  ?  What  do  they  call  the 
books  in  which  deeds  are  recorded  ?  How  are  the  record 
books  for  deeds  distinguished  from  each  other  ? 

29.  General  Warranty  Deed,  with  Relinquishment  of  Dower. — 
The  following  is  a  copy  of  a  deed,  with  the  acknowledg- 
ments and  the  entry  of  filing  and  recording : 

Know  all  men  by  these  presents  that  we,  John  Young  Brown  and  Mary 
Russell  Brown,  his  wife,  for  and  in  consideration  of  one  thousand  dollars, 
to  us  in  hand  paid,  the  receipt  whereof  is  hereby  acknowledged,  do  hereby 
grant,  bargain,  sell,  and  convey  unto  Thomas  Wolcott,  his  heirs  and  as- 
signs forever,  the  following  lands  lying  in  the  County  of  Prairie,  State  of 
Arkansas,  to  wit : 

The  N.E.  ±  Sec.  16,  T.  1  N.R.  4  W.,  containing  160  acres,  more  or  less. 

To  have  and  to  hold  the  same  unto  the  said  Thomas  Wolcott,  his  heirs 
and  assigns  forever,  with  all  appurtenances  thereunto  belonging.  And  we, 
the  said  John  Young  Brown  and  Mary  Russell  Brown,  do  hereby  covenant 
with  the  said  Thomas  Wolcott  that  we  will  forever  warrant  and  defend  the 
title  to  said  lands  against  all  lawful  claims  whatever. 

And  I,  Mary  Russell  Brown,  wife  of  the  said  John  Young  Brown,  for 
and  in  consideration  of  the  said  sum  of  money,  do  hereby  relinquish  unto 
the  said  Thomas  Wolcott  all  my  rights  of  dower  in  and  to  the  said  lands. 

Witness  our  hands  and  seals  on  this  27th  day  of  May,  1891. 


JOHN  YOUNG  BROWN,  :    SEAL. 

MARY  RUSSELL  BROWN,         :   SEAL. 


ACKNOWLEDGMENT   OF    DEED.  57 

30.  Acknowledgment. — 

STATE  OF  ARKANSAS, 
COUNTY  OF  PRAIRIE, 

Be  it  remembered  that  on  this  day  came  before  me  the  undersigned,  a 
Notary  Public  within  and  for  the  county  aforesaid,  duly  commissioned  and 
acting,  John  Young  Brown  and  Mary  Russell  Brown,  his  wife,  to  me  well 
known  as  the  grantors  in  the  foregoing  deed,  and  stated  that  they  had 
executed  the  same  for  the  consideration  and  purposes  therein  mentioned 
and  set  forth. 

And  on  the  same  day  also  voluntarily  appeared  before  me  the  said  Mary 
Russell  Brown,  wife  of  the  said  John  Young  Brown,  to  me  well  known, 
and,  in  the  absence  of  her  said  husband,  declared  that  she  had,  of  her  own 
free  will,  signed  and  sealed  the  relinquishment  of  dower  in  the  foregoing 
deed,  for  the  purposes  therein  contained  and  set  forth,  without  compulsion 
or  other  undue  influence  of  her  husband. 

Witness  my  hand  and  seal  as  such  Notary  Public  on  the 
27th  day  of  May,  1891. 

JOHN  THOMAS, 


NOTARIAL    : 

SEAL.  Notary  Public, 


:  Prairie  County. 

31.  Certificate  of  Record.— 

STATE  OF  ARKANSAS, 
COUNTY  OF  PRAIRIE. 

I,  John  Trinity,  Circuit  Clerk  and  ex-officio  Recorder  of  the  county 
aforesaid,  do  hereby  certify  that  the  annexed  and  foregoing  instrument  of 
writing  was  filed  for  record  in  my  office,  on  the  27th  day  of  May,  1891,  at  4 


58  PUBLIC   LAND   SURVEYS. 

o'clock,  P.M.,  and  that  the  same  is  now  duly  recorded,  with  the  acknowl- 
edgments and  certificates  thereon,  in  Record  Book  M,  page  528. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal 
of  said  Court,  this  28th  day  of  May,  1891. 

JOHN  TRINITY, 

Circuit  Clerk  and  ex-officio  Recorder. 

By  ELEAZAR  DUNBAR, 

Deputy. 

Questions. — Who  was  the  grantor  in  the  above  deed? 
The  grantee?  Why  did  Mary  Russell  Brown  sign  the 
deed?  What  part  of  the  property  was  hers?  What  is 
dower?  Was  she  required  to  sign?  Why  was  she  ex- 
amined separate  and  apart  from  John  Young  Brown,  her 
husband?  What  was  the  consideration?  Why  was  its 
receipt  acknowledged?  What  is  the  difference  between 
heirs  and  assigns  ?  What  was  the  description  of  the  land  ? 
What  was  the  covenant?  Why  is  this  deed  called  a 
general  warranty  deed?  (The  covenant  is  general.  It  is 
against  all  lawful  claims  whatever.  Had  it  been  against  all 
claims  originating  in  the  grantor  the  designation  would 
have  been,  "special  warranty  deed.")  What  did  Mary 
Russell  Brown  do  ?  Plat  this  land.  Before  whom  was  the 
acknowledgment  taken?  What  did  John  Young  Brown 


DESCRIPTION    OF   A    TOWN   OR   CITY    LOT.  59 

acknowledge?  What  did  his  wife  acknowledge?  Who 
appoints  a  notary  public  ?  What  are  his  duties  ?  May  a 
woman  be  a  notary?  What  attests  the  signature  of  the 
notary?  Write  another  acknowledgment.  Where  was  this 
deed  recorded?  When  was  it  filed?  Why  was  it  filed? 
When  was  it  recorded?  Why  was  it  recorded?  What 
is  a  deed  index  ?  What  is  a  cross  index  ?  Who  signed 
the  certificate  of  record  ?  Why  did  Eleazer  Dunbar  sign  ? 
Did  John  Trinity  sign  the  paper  in  fact  ?  What  rights  has 
a  deputy?  What  do  the  letters  "ss."  in  the  acknowledg- 
ment mean?  Write  a  deed.  Take  a  blank  deed  and  fill 
it  up.  When  could  you  use  a  deed  without  relinquishment 
of  dower? 

32.  Description  of  a  Town  or  City  Lot, — 

The  following  described  lots  in  the  City  of  Johnstown,  State  of  Pennsyl- 
vania, being  Lots  1,  2,  and  3  in  the  original  plat  of  said  city,  and  Lot  3  and 
the  N.  i  of  Lot  2  in  Bridgman's  addition  to  said  city,  to  have  and  to  hold 
the  same,  etc.,  etc. 

33.  Mortgages. — Property  is  also  conveyed  upon  condi- 
tion as  security  for  debt  or  the  performance  of  duty,  to 
become  void  upon  the  payment  of  the  debt  or  the  perform- 
ance of  the  duty.     The  form  of  a  mortgage  is  the  same  as 
that  of  a  deed  except  that  the  mortgage  contains  an  addi- 
tional element  which  is  called  the  condition.     This  condi- 


60  PUBLIC   LAND    SURVEYS. 

tion,  if  the  instrument  is  given  to  secure  the  payment  of 
debt,  recites  the  amount  of  the  indebtedness  of  the  maker 
of  the  instrument,  the  method  of  payment,  and  the  interest 
to  be  paid,  together  with  a  statement  that  if  said  indebted- 
ness shall  be  paid  in  full  at  the  times  indicated  then  the 
entire  instrument  is  to  become  void  and  of  no  effect.  But 
if  not  so  paid  then  the  instrument  is  to  remain  in  full  force. 

Questions. — What  is  a  chattel  mortgage  ?  What  is  a  real 
estate  mortgage  ?  Who  takes  the  acknowledgment  of  mort- 
gages? Is  it  necessary  for  the  wife  to  sign  a  real  estate 
mortgage  ?  Where  are  mortgages  recorded  ?  Are  all  mort- 
gages recorded  ? 

34.  Abstract  of  Title. — You  have  seen  that,  unless  the  wife 
signs  the  deed,  her  dower  is  not  conveyed ;  that  every 
deed  must  recite  a  consideration ;  that  it  must  be  acknowl- 
edged before  a  proper  officer,  and  so  on.  Now,  if  you  desire 
to  purchase  a  piece  of  property  and  to  acquire  a  perfect  title 
to  it,  it  will  be  necessary  for  you  to  investigate  the  records 
for  a  given  number  of  years,  to  ascertain  whether  all  these 
requirements  have  been  legally  attended  to,  not  only  by  the 
last  grantor,  but  by  all  preceding  grantors  within  the  given 
time.  This  investigation  of  the  chain  of  title  is  evidenced 
by  a  series  of  notes,  showing  all  the  transactions  which 
have  in  any  way  affected  the  land.  These  notes  are  called 


BOND    FOR   A   DEED.  61 

an  Abstract  of  Title.  The  investigation  should  embrace  all 
records  of  deeds,  orders  or  decrees  of  courts,  wills,  titles  by 
descent,  and  encumbrances.  The  latter  include  mortgages, 
judgments,  dowers,  liens,  taxes,  leases,  and  rents. 

35.  Bond  for  a  Deed. — This  is.  a  method  for  securing  the 
payment  to  the  grantor  of  the  deferred  payments  of  purchase 
money  without  making  (1)  a  deed  to  the  grantee;  (2)  a 
mortgage  back  to  the  grantor.  By  this  method  the  grantor 
binds  himself,  in  a  sum  of  money  payable  to  the  grantee 
upon  breach  of  the  bond,  to  convey  by  general  warranty 
deed,  upon  the  payment  of  all  deferred  payments  by  the 
grantee,  as  stipulated,  a  certain  described  piece  of  land. 
This  bond  is  acknowledged  as  is  a  deed,  except  that  the  wife 
of  the  grantor  does  not  sign. 

On  the  following  page  will  be  found  a  tabular  statement 
showing  the  number  of  acres  of  public  lands  surveyed  in 
the  states  and  territories  named  up  to  June  30,  1880 ; 
also,  the  total  area  of  the  public  domain  remaining  unsur- 
veyed  within  the  same  at  that  time. 


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